Notice2022-19998
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Paperwork Submissions Under the Coastal Zone Management Act Federal Consistency Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Full Text
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<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
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[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56635-56637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19998]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Paperwork Submissions Under the Coastal Zone Management Act
Federal Consistency Requirements
AGENCY: National Oceanic & Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of information collection, request for comment.
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SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to comment on proposed, and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment
preceding submission of the collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before November 14, 2022.
ADDRESSES: Interested persons are invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer, at <a href="/cdn-cgi/l/email-protection#387677797916686a797856575959165f574e"><span class="__cf_email__" data-cfemail="94dadbd5d5bac4c6d5d4fafbf5f5baf3fbe2">[email protected]</span></a>. Please
reference OMB Control Number 0648-0411 in the subject line of your
comments. Do not submit Confidential Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to David Kaiser, Senior Policy Analyst, Office for Coastal Management,
National Ocean Service, 246 Gregg Hall, 35 Colovos Road, Durham, NH
03824-3534, 603-862-2719 or <a href="/cdn-cgi/l/email-protection#99ddf8eff0fdb7d2f8f0eafcebd9f7f6f8f8b7fef6ef"><span class="__cf_email__" data-cfemail="c98da8bfa0ade782a8a0baacbb89a7a6a8a8e7aea6bf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
This notice and request for public comment is for a request to
extend a
[[Page 56636]]
currently approved information collection made by the Office for
Coastal Management within the National Ocean Service of the National
Oceanic and Atmospheric Administration pursuant to the requirements of
Section 307 of the Coastal Zone Management Act (16 U.S.C. 1456) and its
implementing regulations at 15 CFR part 930. Information collected
pursuant to these requirements is used by states to determine the
consistency of proposed federal actions with the enforceable policies
of State coastal management programs (CMPs), and by NOAA when deciding
appeals to State objections in the exercise of the review authority
that the CZMA provides.
The Coastal Zone Management Act (CZMA) creates a State-federal
partnership to improve the management of the nation's coastal zone
through the development of federally approved State CMPs. The CZMA
provides two incentives for States to develop federally approved CMPs:
(1) the National Oceanic and Atmospheric Administration (NOAA) has
appropriated monies to grant to States to develop and implement State
CMPs that meet statutory and regulatory criteria; and (2) the CZMA
requires federal agencies, non-federal licensees, and State and local
government recipients of federal assistance to conduct their activities
in a manner ``consistent'' with the enforceable policies of NOAA-
approved CMPs. The latter incentive, referred to as the ``federal
consistency'' provision, is found at 16 U.S.C. 1456. NOAA's regulations
at 15 CFR part 930 implement NOAA's responsibilities to provide
procedures for the consistency provision, the procedures available for
an appeal of a State's objection to a consistency certification as
provided for in 16 U.S.C. 1456(c)(3)(A) and (B) and 1456(d), and
changes in the appeal process created by Congressional amendments in
1990, 1996 and 2005, and found at 16 U.S.C. 1465.
Paperwork and information collection routinely occurs by State CMPs
pursuant to the CZMA federal consistency review requirements. Federal
agencies proposing an action that may have reasonably foreseeable
effects to coastal uses or resources must provide a consistency
determination to affected states. The information requirements for
consistency determinations are specified at 15 CFR 930.39. Non-federal
applicants for federal licenses, permits and other forms of
authorization that are listed by state CMPs as subject to review, must
submit a statement certifying the consistency of the proposed activity
to state CMPs pursuant to 15 CFR 930.57 accompanied by the necessary
data and information specified at 15 CFR 930.58. Necessary data and
information includes a copy of the application for the Federal license
or permit; all material relevant to the State CMP provided to the
Federal agency in support of the license or permit request; a detailed
description of the proposed activity, its associated facilities and
coastal effects; information specifically identified in the State CMP;
and an evaluation that includes findings relating to the coastal
effects of the proposal and its associated facilities to the relevant
enforceable policies of the State CMP. For State and local agency
applicants for federal financial assistance, the application shall be
forwarded to the State CMP through the intergovernmental review process
established pursuant to E.O. 12372, or submitted directly to the State
CMP if the federal financial assistance is listed in the State CMP as
subject to review. See 15 CFR 930.94.
Information is provided to NOAA only when there is a State
objection to a proposed federal license or permit, or federal financial
assistance; when informal mediation is sought by a Federal agency or
State; or when an applicant for a federal license or permit, or federal
financial assistance appeals to the Secretary of Commerce for an
override to a State CMP objection to the issuance of the authorization,
or award of assistance. Last, in 1990, Congress required State CMPs to
provide for public participation in their permitting processes,
consistency determinations and similar decisions. See 16 U.S.C.
1455(d)(14). How the public participation requirement is met is
determined by each state with NOAA approval of the participation
process.
These submissions are intended to provide a reasonable, efficient,
and predictable means of complying with CZMA requirements. The
information will be used by coastal states with federally-approved
Coastal Zone Management Programs to determine if Federal agency
activities, Federal license or permit activities, and Federal
assistance activities that affect a state's coastal zone are consistent
with the state's coastal management program.
Information developed for and during state reviews will also be
collected and considered by NOAA for appeals filed by non-federal
applicants seeking an override of state CZMA objections to federal
license or permit activities or Federal assistance activities.
There have been no changes to the information collection
requirements, their applicability or the methods of collection since
the previous Paperwork Reduction Act extension.
II. Method of Collection
Information is submitted pursuant to the procedural requirements of
the CZMA and its implementing federal consistency regulations. Required
information is case-specific and not submitted by form. Methods of
submittal include email and mail.
III. Data
OMB Control Number: 0648-0411.
Form Number(s): None.
Type of Review: Regular submission (extension of a current
information collection).
Affected Public: State, Local, or tribal government; Federal
government; business or other for-profit organizations; individuals or
households.
Estimated Number of Respondents: 2,334.
Estimated Time per Response: Applications, certifications, and
state objection or concurrence letters, 8 hours each; state requests
for review of unlisted activities, 4 hours; public notices, 1 hour;
interstate listing notices, 30 hours; mediation, 2 hours; appeals to
the Secretary of Commerce, 210 hours.
Estimated Total Annual Burden Hours: 35,799.
Estimated Total Annual Cost to Public: $37 in recordkeeping and
reporting costs.
Respondent's Obligation: Required for the issuance of a federal
license or permit, and award of federal financial assistance.
Legal Authority: 16 U.S.C. 1456.
IV. Request for Comments
We are soliciting public comments to permit the Department/Bureau
to: (a) Evaluate whether the proposed information collection is
necessary for the proper functions of the Department, including whether
the information will have practical utility; (b) Evaluate the accuracy
of our estimate of the time and cost burden for this proposed
collection, including the validity of the methodology and assumptions
used; (c) Evaluate ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) Minimize the reporting burden
on those who are to respond, including the use of automated collection
techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number,
[[Page 56637]]
email address, or other personal identifying information in your
comment, you should be aware that your entire comment--including your
personal identifying information--may be made publicly available at any
time. While you may ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information
Officer, Commerce Department.
[FR Doc. 2022-19998 Filed 9-14-22; 8:45 am]
BILLING CODE 3510-08-P
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